Former Onondaga Nation teacher Scerbo 'shattered' by guilty verdict

John Berry / The Post-StandardAlbert Scerbo leaves Onondaga County Court with his wife Andrea this morning after he was convicted of sexually abusing a student at the Onondaga Nation School.

Syracuse, NY -- Former Onondaga Nation music teacher Albert Scerbo could face up to seven years in state prison after being convicted this morning of sexually abusing one of his students at the school.

There was an audible gasp from a group including Scerbo's relatives and friends as County Judge William Walsh found Scerbo guilty of one felony count of first-degree sexual abuse and a misdemeanor count of endangering the welfare of a child.

The judge found Scerbo not guilty of a felony charge of second-degree course of sexual conduct against a child and a second endangering charge.

The guilty charges involved allegations Scerbo put his hand on the private parts of a little girl, now 9, when she sat on his lap during music class back when she was in first grade.

John Berry / The Post-StandardMembers of the Onondaga Nation hug this morning outside Onondaga County Court after Albert Scerbo was convicted of sexually abusing a student at the Onondaga Nation School.

They are the same charges a County Court jury found Scerbo guilty of following an earlier trial in the case in 2007. The charges Walsh acquitted Scerbo of had been dismissed by the judge prior to that first trial in 2007. They had been reinstated by a state appeals court in Rochester earlier this year.

Scerbo and his wife, Andrea, appeared distraught as they left court following the verdict. They had no comment for reporters.

But defense lawyer Edward Menkin said Scerbo was "shattered" by the guilty verdict. "What is, is," the lawyer said.

Menkin, who said in his closing argument Wednesday any verdict would probably be criticized by one side or the other, said he would not criticize the verdict Walsh delivered from the bench right on schedule at 9 a.m. today, as promised. But Menkin said there will be an appeal.

Menkin admitted he was somewhat surprised by the verdict because he had no clear indication how the judge was leaning.

"I had a lot of hope," he said. "In situations like this, you always hope for the best."

Menkin said he did not believe having his client agree to a non-jury trial this time around was a mistake. He added he did not believe it would have been a good idea to ask 12 people from the community to sit as jurors for the second trial, given all of the publicity the case has generated.

"It doesn't change the pain and the disappointment and the injustice of it all," he said.

A spokesman for the Onondaga Nation called the case a victory. "We view this as a victory for all children, no matter who they are," the spokesman said. He acknowledged the judge had a very difficult decision to make in reaching the verdict on his own.

But the spokesman said there was no sense from people on the Nation that this was a personal victory. He also said people on the Nation are working together to help the children overcome what happened and to put it behind them.

The parents of one of the victims said they were pleased to hear the judge find Scerbo guilty.

"It was a big relief. It was a big relief for everybody," the girl's father said. He added he wants to see Scerbo get jail time for the conviction.

The girl's mother said the past several years have been very difficult for her daughter and the other children from the Nation school.

"At least we got two guilty verdicts," she said. She said one good outcome will be that Scerbo will not be out in the community as a teacher, where he can affect other children.

Chief Assistant District Attorney Matthew Doran said he was very pleased with the outcome and he commended Walsh for his fairness in assessing the evidence.

Doran said he intends to sit down with the victim's family before determining what sentence the prosecution will recommend. He said he intends to recommend a sentence that reflects the seriousness of the allegations and of the abuse of his teaching position by Scerbo.

Doran said Scerbo could face a maximum penalty of seven years in state prison for the Class D violent felony sex abuse charge.

But Doran said he did not see today's verdict as sending a message to local teachers. "The actions of this defendant were abhorrent and not consistent with what most teachers do," he said.

Doran credited the sheriff's department with doing a great job in investigating the complaints that led to the prosecution of Scerbo.

"What we find is the truth has a way of coming out," Doran said.

Both Doran and Menkin said the Lafayette school district has been involved in an ongoing hearing to terminate Scerbo. Because he is a tenured teacher, Scerbo has been paid but is not teaching at the Onondaga Nation School.

School district officials and the district's lawyer declined comment as they left court following the verdict.